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CHRISPOD LIMITED V. WESTERN AUTOMOBILE CENTER LIMITED

(2017) JELR 107995 (HC)

High Court  •  SUIT NO. AC 612/2013  •  28 Feb 2017  •  Ghana

Coram
JUSTICE PATIENCE MILLS-TETTEH (MRS)

Judgement

JUDGMENT 

The plaintiff herein has taken the position that his contract of sale and  purchase agreement with the defendant could not be renegotiated ex  post facto even though she has conducted herself otherwise and  complied with all the renegotiated terms which occurred after the  initial delivery date of the subject matter of the agreement was  breached and police has intervened to settle the matter. 

Briefly the facts of this case are that the parties herein entered into a  sales and purchase agreement on the 30th January 2013. By the  agreement, the defendant was to sell to the plaintiff one unit Lexus LX  570 2013 model at an agreed price of $160,000.00. Under the terms of  the agreement the plaintiff was to pay $120,000.00 of the purchase  price as deposit and pay the difference on the delivery of the vehicle.  The delivery date was 31st March 2013. It was also agreed that either  party shall pay to the other an equivalent of 10% of the purchase price should either party default…

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